Legal Recourses for Pedestrians Injured by Vehicles in California

Pedestrian accidents in California are, unfortunately, common and can result in severe, life-altering injuries. When a person on foot is struck by a motor vehicle, the consequences often include extensive medical treatment, lost income, and significant pain and suffering. For those affected, knowing your legal rights is the first step towards securing the support and compensation necessary for recovery. Knowing these rights empowers injured pedestrians to take informed action after an accident.

Immediate Steps After a Pedestrian Accident

The moments following a pedestrian accident are disorienting and often painful. However, taking certain steps, if you are able, can protect your health and your legal rights.

Prioritize Safety and Medical Attention

Your immediate priority is safety. If possible, move out of the path of traffic to a sidewalk or shoulder. The most important action is to seek medical attention without delay. Even if you believe your injuries are minor, some serious conditions, like internal bleeding or traumatic brain injuries, may have delayed symptoms. Prompt medical evaluation ensures you receive necessary treatment and creates a medical record linking your injuries to the accident – a vital piece of evidence for any subsequent claim. Paramedics may treat you at the scene, or you may need to go to an emergency room or urgent care facility.

Contact Law Enforcement

Call 911 to report the accident. Law enforcement officers (local police, sheriff, or California Highway Patrol) will respond to the scene. They will conduct an initial investigation, gather information, and typically create an official police report. This report can be a significant document in your insurance claim or lawsuit, as it provides an objective account of the incident, identifies parties and witnesses, and may note any contributing factors or citations issued. Always obtain the report number and learn how to get a copy of the police report.

Gather Evidence at the Scene (if able)

If your injuries permit and it is safe to do so, try to gather the following information:

• Photos and Videos: Use your smartphone to take pictures and videos of the accident scene, including the position of the vehicle(s), any damage to the vehicle(s), your injuries, any skid marks on the road, traffic signals, street signs, and overall weather and lighting conditions.
• Witness Contact Information: If there were any eyewitnesses to the accident, ask for their names and contact information (phone number, email address). Witness testimony can be very powerful.
• Driver’s Information: Obtain the driver’s full name, address, phone number, driver’s license number, vehicle make, model, and license plate number. Most importantly, get their auto insurance company name and policy number.

Document Everything

From the moment of the accident onward, keep meticulous records of everything related to the incident and your injuries. This includes:

• All medical records, doctor’s notes, hospital discharge papers, and bills.
• Receipts for any out-of-pocket expenses, such as prescription medications, medical supplies, or transportation to appointments.
• Any correspondence with insurance companies.
• A personal journal detailing your pain levels, symptoms, limitations on daily activities, and emotional state. This documentation will be invaluable in supporting your claim for damages.

Establishing Liability in a Pedestrian Accident

To recover compensation for your injuries, you generally need to establish that another party was legally at fault, or liable, for the accident. In most pedestrian accident cases, this involves proving negligence.

Negligence

Negligence is a legal concept that forms the basis of most personal injury claims. To prove negligence, your attorney must demonstrate four elements:

• Duty of Care: The defendant (usually the driver) owed you, the pedestrian, a legal duty to exercise reasonable care to avoid causing harm. Drivers in California have a clear duty to operate their vehicles safely and be aware of pedestrians.
• Breach of Duty: The defendant breached this duty of care by acting carelessly or failing to act as a reasonably prudent person would under similar circumstances.
• Causation: The defendant’s breach of duty was a direct and proximate cause of your injuries. This means the accident would not have occurred “but for” the defendant’s actions, and your injuries were a foreseeable consequence of that breach.
• Damages: You suffered actual harm, such as physical injuries, medical expenses, lost income, property damage, and pain and suffering.

Driver Negligence

Common examples of driver negligence that lead to pedestrian accidents include:

• Distracted driving (e.g., texting, talking on a cell phone, using in-car infotainment systems).
• Speeding or driving too fast for conditions.
• Failure to yield the right-of-way to pedestrians in crosswalks.
• Disregarding traffic signals or signs (e.g., running a red light or stop sign).
• Driving under the influence of alcohol or drugs (DUI).
• Making improper turns without looking for pedestrians.
• Fatigued driving.

Pedestrian Negligence (Comparative Negligence)

California follows a “pure comparative negligence” rule (California Civil Code §1714). This means that if a pedestrian is found to be partially at fault for the accident, they can still recover damages from the other at-fault party. However, the amount of compensation they receive will be reduced by their percentage of fault. For example, if a pedestrian is awarded $100,000 in damages but is found to be 20% at fault for the accident (perhaps for darting out mid-block without looking), their recoverable damages would be reduced by $20,000, resulting in an $80,000 award. Even if a pedestrian is 99% at fault, they can theoretically still recover 1% of their damages. This rule makes it possible for many injured pedestrians in California to obtain some compensation even if they share some responsibility.

Other Potentially Liable Parties

While the driver is often the primary liable party, others may also bear responsibility:

• Employers: If the driver was working at the time of the accident (e.g., a delivery driver), their employer might be vicariously liable under the doctrine of “respondeat superior.”
• Government Entities: If unsafe road conditions, such as poorly maintained sidewalks, malfunctioning traffic signals, or inadequate street lighting, contributed to the accident, a city, county, or state agency might be liable. Claims against government entities in California have special procedural rules and much shorter deadlines.
• Vehicle Manufacturers: If a defect in the vehicle (e.g., faulty brakes) caused or contributed to the accident, the manufacturer could be liable under product liability laws.
• Bars or Restaurants: In limited circumstances, if a bar or restaurant knowingly over-served alcohol to a visibly intoxicated person who then caused a DUI accident, there might be liability.

Identifying all potentially liable parties is a key task for an experienced personal injury attorney.

Types of Damages Recoverable

If you are injured in a pedestrian accident due to someone else’s negligence, you may be entitled to recover various types of damages. These are generally categorized as compensatory damages (economic and non-economic) and, in rare cases, punitive damages.

Compensatory Damages (Economic and Non-Economic)

Compensatory damages are intended to compensate you for the losses you have suffered.

Economic Damages (Special Damages)

These are tangible, quantifiable financial losses. They include:

• Medical Expenses: All reasonable and necessary medical costs, both past and future, related to your injuries. This covers emergency room visits, hospital stays, surgeries, doctor’s appointments, physical therapy, rehabilitation, prescription medications, medical devices, and any anticipated future medical care.
• Lost Wages: Income you have lost because you were unable to work due to your injuries.
• Loss of Earning Capacity: If your injuries result in a permanent disability or impairment that reduces your ability to earn income in the future, you can claim compensation for this loss.
• Property Damage: Compensation for any personal property damaged in the accident, such as clothing, eyeglasses, or a cell phone.
• Out-of-Pocket Expenses: Other costs incurred due to the accident, like transportation to medical appointments or household help.

Non-Economic Damages (General Damages)

These are subjective, non-monetary losses that are more difficult to quantify but are very real. They include:

• Pain and Suffering: Compensation for the physical pain, discomfort, and suffering you have endured and will continue to endure as a result of your injuries.
• Emotional Distress: Compensation for psychological impacts like anxiety, depression, fear, shock, post-traumatic stress disorder (PTSD), and mental anguish.
• Physical Impairment/Disfigurement: Compensation for limitations on your physical abilities, scarring, or disfigurement.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or aspects of life you previously enjoyed.
• Loss of Consortium: In some cases, the uninjured spouse of an injured person may claim damages for the loss of companionship, support, and marital relations.

Punitive Damages

Punitive damages are not intended to compensate the victim but rather to punish the defendant for particularly egregious or reckless conduct and to deter similar conduct in the future. In California, punitive damages may be awarded in personal injury cases if it is proven by clear and convincing evidence that the defendant was guilty of oppression, fraud, or malice. A common example where punitive damages might be sought in a pedestrian accident case is if the at-fault driver was operating under the influence (DUI) and had a history of similar offenses, demonstrating a conscious disregard for the rights and safety of others.

Wrongful Death Claims

If a pedestrian accident tragically results in a fatality, certain surviving family members (such as a spouse, domestic partner, children, or parents) may be able to file a wrongful death lawsuit. Damages recoverable in a wrongful death claim in California can include:

• Funeral and burial expenses.
• Loss of the deceased’s financial support that the family members would have received.
• Loss of household services the deceased provided.
• Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support (non-economic damages).

The Legal Process: From Claim to Litigation

Navigating the legal process after a pedestrian accident can seem daunting. Here’s a general overview of what you might expect when pursuing a claim with the help of an attorney.

Initial Consultation with an Attorney

Most personal injury attorneys offer a free initial consultation. During this meeting, you will have the opportunity to:

• Discuss the facts of your accident and your injuries.
• Ask questions about your legal rights and options.
• Learn about the attorney’s experience, approach, and fee structure (typically a contingency fee, meaning they only get paid if you recover compensation). The attorney will evaluate the merits of your case and advise you on the best course of action.

Investigation and Evidence Gathering

If you decide to hire the attorney, they will begin a thorough investigation. This process may involve:

• Obtaining the official police report.
• Interviewing witnesses.
• Collecting and reviewing all your medical records and bills.
• Photographing the accident scene and your injuries.
• Identifying and analyzing all relevant insurance policies.
• Consulting with experts if necessary (e.g., accident reconstructionists, medical specialists, economists). The goal is to build a strong foundation for your claim by gathering all evidence supporting liability and damages.

Settlement Negotiations

Once the investigation is substantially complete and your medical condition has stabilized or your long-term prognosis is clear, your attorney will typically prepare a demand package to send to the at-fault party’s insurance company. This package outlines the facts of the case, establishes liability, details your damages, and makes a formal demand for settlement.

This often initiates a period of negotiation. Your attorney will communicate with the insurance adjuster, present arguments, and counter any low offers, always working towards achieving a fair settlement that adequately compensates you for your losses. Many pedestrian accident cases are resolved through settlement without going to trial.

Filing a Lawsuit

If the insurance company refuses to offer a fair settlement or if negotiations reach an impasse, your attorney may recommend filing a personal injury lawsuit. This formally initiates the litigation process. Filing a lawsuit does not mean your case will definitely go to trial; settlement negotiations can continue even after a suit is filed.

Discovery, Mediation, Trial

Once a lawsuit is filed, the “discovery” phase begins. During discovery, both sides exchange information and evidence. Common discovery tools include:

• Interrogatories: Written questions that the other party must answer under oath.
• Requests for Production of Documents: Requests for relevant documents, such as medical records, police reports, and insurance policies.
• Depositions: Oral testimony given under oath by parties and witnesses, recorded by a court reporter.

Before trial, many courts require or encourage parties to attempt mediation. Mediation is a non-binding process where a neutral third-party mediator helps the parties try to reach a mutually agreeable settlement.

If settlement efforts, including mediation, are unsuccessful, the case will proceed to trial. At trial, your attorney will present your case before a judge or jury, introducing evidence and witness testimony. The opposing side will do the same. After hearing all the evidence, the judge or jury will render a verdict, determining liability and the amount of damages, if any.

Injured in a Pedestrian Accident in California? Get the Compensation You Deserve.

Being injured in a pedestrian accident caused by a negligent driver can turn your life upside down. Reaching out for legal advice from a qualified attorney is a significant step towards protecting your rights. At Garmo & Garmo, our experienced La Mesa, CA, pedestrian accident lawyers can guide you through each stage, advocate for your best interests, and work tirelessly to help you obtain the maximum compensation you deserve. If you have been injured as a pedestrian in California, do not hesitate to contact us and pursue the support you need for your recovery.